공사대금반환
1. The Defendant’s KRW 41,200,000 and its amount shall be 15% per annum from March 12, 2019 to May 31, 2019 to the Plaintiff.
1. Comprehensively taking account of the overall purport of arguments in Gap evidence Nos. 1, 2, and 3 as to the cause of the claim, the plaintiff entered into a contract with the defendant as of December 30, 2017 with the construction cost of a newly constructed multi-family house as of December 30, 2017, the construction period from December 30, 2017 to April 30, 2018. The plaintiff believed that the horse of the defendant is necessary for the above construction, and paid KRW 42,00,000,000 to July 2, 2018 (5,000,000 to D account at the defendant's request) to the defendant as of November 16, 2017, and paid KRW 30,000 to the defendant as of July 30, 208, the plaintiff and the defendant paid KRW 300,000 to 30,0085.
“The fact that the Plaintiff agreed, and the Plaintiff transferred the above KRW 5,00,000 to D at the Defendant’s request, on the ground that the Defendant was the expenses necessary for building permission. The Defendant individually used KRW 4,200,000 out of the amount paid to D, and the Plaintiff was refunded KRW 800,000 from D before filing the lawsuit, and there is no counter-proof.
According to the above facts, the above contract was terminated by the Defendant’s failure to perform construction until August 30, 2018, and barring any special circumstance, the Defendant is obligated to pay KRW 37,000,000 to the Plaintiff pursuant to the above agreement, barring any special circumstance. The Defendant committed default or tort by using KRW 4,200,000 out of the above KRW 5,000,000 paid to the Defendant for construction expenses for personal use. Thus, the Defendant is obligated to pay KRW 4,20,000 to the Plaintiff.
2. The judgment of the defendant regarding the defendant's assertion is based on the design service cost, boundary surveying cost, search fee, personnel expenses, etc. that the plaintiff received from the above contract.